Rescissions Act of 1995

From PL 104-19, Section 504, GENERAL PROVISIONS:

“SEC. 504. (a) SCHEDULE FOR NEPA COMPLIANCE.—Each National Forest System unit shall establish and adhere to a schedule for the completion of National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analysis and decisions on all allotments within the National Forest System unit for which NEPA analysis is needed. The schedule shall provide that not more than 20 percent of the allotments shall undergo NEPA analysis and decisions through fiscal year 1996.

(b) REISSUANCE PENDING NEPA COMPLIANCE.—Notwithstanding any other law, term grazing permits which expire or are waived before the NEPA analysis and decision pursuant to the schedule developed by individual Forest Service System units, shall be issued on the same terms and conditions and for the full term of the expired or waived permit. Upon completion of the scheduled NEPA analysis and decision for the allotment, the terms and conditions of existing grazing permits may be modified or re-issued, if necessary to conform to such NEPA analysis.

(c) EXPIRED PERMITS.—This section shall only apply if a new term grazing permit has not been issued to replace an expired or waived term grazing permit solely because the analysis required by NEPA and other applicable laws has not been completed and also shall include permits that expired or were waived in 1994 and 1995 before the date of enactment of this Act.”

The Rescissions Act of 1995 (Public Law 104-19) Section 504(a) requires each National Forest System unit to identify all allotments for which NEPA analysis is needed. These allotments must be included in a schedule that sets a due date for the completion of the requisite NEPA analysis. Section 504(a) requires adherence to these established schedules. The schedule may not require the completion of NEPA analysis for more than 20% of the listed allotments prior to October 1, 1996. See The Rescissions Act of 1995 National Allotment NEPA Schedule…

Sections 504(b) and (c) state that if a grazing permit expires or is waived and the permit authorizes grazing in one or more listed allotments for which the scheduled NEPA analysis has yet to be completed, the Forest Service must issue a new term grazing permit upon the same terms and conditions, including the length of term, as the one which expired or was waived, unless there are reasons other than the lack of the necessary NEPA analysis which justify not issuing a new permit.

These provisions do not alter the line officer's authority to make a decision not to issue a new permit for reasons other than not having completed the analysis required by NEPA and other applicable laws. Exhibit 01 contains questions and answers on implementing the Rescission Act of 1995.